Div 2.2 not to apply to certain offences
9B Div 2.2 not to apply to certain offences
Division 2.2 (Presumption for bail) does not apply to the grant of bail—
to a person accused of an offence mentioned in schedule 1 (Offences to which presumption for bail does not apply); or
to a person accused of any of the following offences, if the person has in the previous 10 years been found guilty of an offence involving violence or the threat of violence:
an offence against the Crimes Act 1900, section 30 (Threat to kill);
an offence against the Crimes Act 1900, section 31 (Threat to inflict grievous bodily harm);
an offence against the Crimes Act 1900, section 35 (Stalking);
an offence against the Domestic Violence and Protection Orders Act 2008 (repealed), section 90 (Offence for contravention of protection order);
an offence against the Family Violence Act 2016, section 43 (Offence—contravention of family violence order);
an offence against the Personal Violence Act 2016, section 35 (Offence—contravention of protection order); or
to a person accused of an offence against the Commonwealth Criminal Code, section 80.1 (Treason); or
to a person accused of an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 7 (Furious, reckless or dangerous driving) that is an aggravated offence under that Act, section 7A (1) (b) (which is about repeat offenders); or
to a person convicted of an indictable offence but not sentenced.
Division 2.4 Presumption against bail
This Act’s bill:Explanatory statement
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